XPost: alt.fan.rush-limbaugh, alt.atheism

Good news! New laws could shut rightists up once and for all.

The Texas legislature will soon be debating a bill that would seriously
weaken the free speech protections of people in that state. If you live
in Texas, it’s time to contact your state representatives and let them
know you oppose this effort.

Texas Senate Bill 336 (SB 336) is an attack on the Texas Citizens
Participation Act (TCPA), the state’s landmark anti-SLAPP law, passed in
2011 with overwhelming bipartisan support. If passed, SB 336 (or its
identical companion bill, H.B. 2459) will weaken safeguards against
abusive lawsuits that seek to silence peoples’ speech.
What Are SLAPPs?

SLAPPs, or Strategic Lawsuits Against Public Participation, are lawsuits
filed not to win on the merits but to burden individuals with excessive
legal costs. SLAPPs are often used by the powerful to intimidate critics
and discourage public discussion that they don’t like. By forcing
defendants to engage in prolonged and expensive legal battles, SLAPPs
create a chilling effect that discourages others from speaking out on
important issues.

Under the TCPA, when a defendant files a motion to dismiss a SLAPP
lawsuit, the legal proceedings are automatically paused while a court determines whether the case should move forward. They are also paused if
the SLAPP victim needs to get a second review from an appeal court. This
is crucial to protect individuals from being dragged through an expensive discovery process while their right to speak out is debated in a higher
court.
SB 336 Undermines Free Speech Protections

SB 336 strips away safeguards by removing the automatic stay of trial
court proceedings in certain TCPA appeals. Even if a person has a strong
claim that a lawsuit against them is frivolous, they would still be
forced to endure the financial and emotional burden of litigation while
waiting for an appellate decision.

This would expose litigants to legal harassment. With no automatic stay, plaintiffs with deep pockets will be able to financially drain
defendants. In the words of former Chief Justice of the Texas Supreme
Court, Wallace B. Jefferson, removing the automatic stay in the TCPA
would create a “two-tier system in which parties would be forced to
litigate their cases simultaneously at the trial and appellate courts.”

If the TCPA is altered, the biggest losers will be everyday Texans who
rely on the TCPA to shield them from retaliatory lawsuits. That will
include domestic violence survivors who face defamation suits from their abusers after reporting them; journalists and whistleblowers who expose corruption and corporate wrongdoing; grassroots activists who choose to
speak out; and small business owners and consumers who leave honest
reviews and speak out against unethical business practices.

Often, these individuals already face uphill battles when confronting
wealthier and more powerful parties in court. SB 336 would tip the scales further in favor of those with the financial means to weaponize the legal system against speech they dislike.

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